ITO 33 (2)(2), MUMBAI vs. KALPESH DHIRAJLAL PATEL, MUMBAI

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ITA 8057/MUM/2019Status: DisposedITAT Mumbai28 July 2021AY 2011-123 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found that the disallowance made by the Assessing Officer was on the higher side. The CIT(A) correctly estimated the profit element embedded in such transactions at 12.5%, which was accepted by the assessee.

What were the facts?

The Revenue appealed against the CIT(A)'s order which restricted the disallowance of bogus purchases from 25% to 12.5%. The assessee had obtained purchase bills from dealers declared as hawala operators and failed to prove the genuineness of purchases or the dealers.

What were the issues?

Whether the disallowance of 25% of alleged bogus purchases was justified, or if the profit element embedded in such transactions should be taxed.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC ”, MUMBAI

Hearing: 10/06/2021Pronounced: 28/07/2021

आयकर अपील�य अ�धकरण मुंबई पीठ “एस एम सी” , मुंबई �ी �वकास अव�थी, �या�यक सद�य एवं �ी मनोज कुमार अ�वाल, लेखा सद�य के सम� IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC ”, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER आअसं. 8057/मुं/2019 (�न.व 2011-12) (A.Y 2011-12) ITO-33(2)(2), Room No.846, 8th Floor, Kautilya Bhavan, BKC, Mumbai 400 051, ...... अपीलाथ� /Appellant बनाम Vs. Kalpesh Dhirajlal Patel, 4C/401, Paras Nagar, Shanker Lane, Khandivali (W), Mumbai – 400 067. PAN: AKNPP-9059-M ..... ��तवाद�/Respondent अपीलाथ� �वारा/ Appellant by : Shri Sanjay J. Sethi ��तवाद� �वारा/Respondent by : Shri Vishwas Mehendale सुनवाई क� �त�थ/ Date of hearing : 10/06/2021 घोषणा क� �त�थ/ Date of pronouncement : 28/07/2021 आदेश/ ORDER

This appeal by the Revenue is directed against the order Commissioner of Income Tax(Appeals)-45, Mumbai [in short 'the CIT(A)’] dated 24/10/2019 for the assessment year 2011-12.

2.

Shri Sanjay J. Sethi representing the Department submitted that the assessment for assessment year 2011-12 in the case of assessee was reopened on the basis of information received from DGIT (Inv), Mumbai. As per the information received, the assessee had obtained bogus purchase bills aggregating to Rs.15,96,010/- from six dealers, declared as hawala operators by the Sales Tax Department, Government of Maharashtra. During assessment proceedings, the assessee could neither produce suspicious dealers nor any confirmations from the said dealers were filed. No documentary evidence in the form of delivery challan, lorry receipt, octroi receipt, etc. were furnished by the assessee to show trail of goods. Since, the assessee failed to discharge his onus in proving genuineness of purchases and the dealers, the Assessing Officer disallowed 25% of bogus purchases and made addition of Rs.3,99,,002/-. In First Appellate proceedings, the CIT(A) restricted the disallowance to 12.5% of bogus purchases. Now, the Revenue is in appeal against the relief granted by the CIT(A). The ld.Departmental Representative prayed for reversing the findings of CIT(A) and confirming the addition made in assessment order.

3.

On the other hand, Shri Vishwas Mehendale appearing on behalf of the assessee strongly supported the impugned order and prayed for dismissing appeal by the Department The ld.Authorized Representative of the assessee submitted that the assessee is engaged in manufacturing of PVC Compound/Granules. The disallowance made by Assessing Officer on alleged bogus purchases was very much on the higher side. The ld.Authorized Representative of the assessee contended that though the purchases were genuine, however, to settle dispute, the assessee has accepted the addition confirmed by CIT(A).

4.

Both sides heard, orders of authorities below examined. Undisputedly, the assessee failed to discharge his onus in proving authenticity of suspicious dealers and genuineness of purchases made from them during the period relevant to assessment year under appeal. The Assessing Officer after accepting the sales turnover declared by assessee, disallowed 25% of alleged bogus purchases. We are of considered view that disallowance made by the Assessing Officer was on higher side. It is only the profit element embedded in such transactions that can be brought to tax. The CIT(A) has estimated suppressed profit margin on bogus purchases at 12.5% . The same has been accepted by the assessee. We find no reason to interfere with the findings of CIT(A), hence, impugned order warrants no interference.

5.

In the result, appeal by the Revenue is dismissed, sans merit.

Order pronounced in the open Court on Wednesday, the 28th day of July, 2021

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